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CR.MA/13870/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13870 of 2010
=============================================
DOLTUSANG
NANUSANG DARBAR (ZALA) & 2 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=============================================
Appearance
:
MR.RAJESH B SONI for
Applicant(s) : 1 - 3.
MR KARTIK PANDYA ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 29/11/2010
ORAL
ORDER
1. Learned
advocate for the applicants do not press this application qua
applicant No.2 [Manojsang Doltusang Darbar (Zala)]. Rule is
discharged qua applicant No.2.
2. Rule.
Learned APP waives service of notice of Rule for respondent – State.
3. This
application is filed under Section 438 of the Code of Criminal
Procedure in connection with first information report registered at
CR No.I-50/2010 with Santhal Police Station, District: Mehsana, for
the offences punishable under Sections 326, 325, 323, 504 & 114
etc. of the Indian Penal Code.
4. Learned
counsel for the applicants submit that allegations against the
applicants are false and in a cross complaint one of the applicants
also received injuries. Usage of stick and injuries on the bodies of
the injured as per certificate are perused, no case is made out to
attract Section 326 of the Code and, therefore, considering the
credentials of the applicants and their background in the society,
they may be granted anticipatory bail.
5. Heard
learned APP for the respondent – State.
6. Having
heard learned counsel for the parties and perusing the record of the
case and considering the facts and circumstances of the case, I am
inclined to grant anticipatory bail to the applicant.
7. Learned
counsel for the parties do not press for further reasoned order.
8. In
the result, this application is allowed by directing that in the
event of the applicants herein being arrested pursuant to FIR being
CR No.I-50/2010 with Santhal Police Station, the applicants shall be
released on bail on furnishing a bond of Rs.5,000/- (Rupees Five
Thousand only) each with one surety of like amount on following
conditions :-
shall
cooperate with the investigation and make available for whenever
required;
shall
remain present at the concerned Police Station on 2nd
December, 2010 at 11.00 a.m.;
shall
not hamper the investigation in any manner nor shall directly or
indirectly make any inducement, threat or promise to any witness so
as to dissuade them for disclosing such facts to the Court or to any
Police Officer;
at
the time of execution of bond, furnish the address to the
Investigating Officer and the court concerned and shall not change
the residence till the final disposal of the case of till further
orders;
will
not leave India without the permission of the Court and, if is
holding a passport, shall surrender the same before the trial Court
within a week;
it
would be open to the Investigating Officer to file application/s for
remand, if he considers it just and proper and the concerned
Magistrate would decide it on merits;
this
order will be operative if the applicants are arrested at any time
within a period of 90 days;
within
a period of ten days from the date of arrest, the applicants shall
apply for regular bail which application shall be decided by the
competent Court in accordance with law without being influenced by
the fact that anticipatory bail was granted.
9. With
these directions, this Criminal Misc. Application is disposed of.
Rule is made absolute. Direct Service is permitted.
(ANANT
S. DAVE, J.)
//smita//
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